7083834 Deed, Right of Way: Appleway Stormwater Improvements 06/04/2021 11:05:44 AM 7083834
• Recording Fee $106 50 Page 1 of 4
Right Of Way Deed SPOKANE, COUNTY TITLE COMPANY
Spokane County Washington
11111111 Hill IIIIII!IIIIIIIIIIIIIIIII111111111IIIIIIIIIIIIIIIIIIIIIIIII11111I111I111
AFTER RECORDING RETURN TO:
City of Spokane Valley
City Clerk
10210 E.Sprague Ave.
Spokane Valley,WA 99206
Document Title: Right of Way Deed
Grantor: 10412 Sprague Eat,LLC
Grantee: Government,City of Spokane Valley
Abbreviated Legal Description: Ptn.of Parcel 1 BSP 56-97,BSP-ROS 2017-0002,being a Ptn. of Tract D
BSP 56-97
Assessor's Property Tax Parcel No: Ptn. of 45201.0124
Reference Number:
CITY OF SPOKANE VALLEY
Community and Public Works Department
g Spokane Valley,WA
"ry RIGHT OF WAY DEED
f"ry f�► S/0 3 �0 (� �
IN THE MATTER OF Appleway Stormwater Improvements Project,Road File No. CIP 0317,
KNOW ALL MEN BY THESE PRESENTS, that the Grantor, 10412 Sprague Eat, LLC, a Nevada
ram, limited liability company, for and in consideration of SEVEN THOUSAND AND 00/100
}°4
c , ($7,000.00) Dollars, and other valuable consideration, the receipt of which is hereby acknowledged,
^ warrants and conveys to the City of Spokane Valley, a municipal corporation of State of Washington, a
RIGHT OF WAY DEED over the following described real property, situated in the City of Spokane
Valley, Spokane County, State of Washington,to-wit:
SEE ATTACHED EXHIBIT A
The City of Spokane Valley, as a part of the consideration hereof, does hereby agree as a
covenant running with the land that in the event facilities are constructed, maintained, or
otherwise operated on the property described in this Right of Way Deed for a purpose for which
a U.S. Department of Transportation activity, facility, or program is extended or for another
purpose involving the provision of similar services or benefits, the City of Spokane Valley will
maintain and operate such facilities and services in compliance with all requirements imposed by
all current laws, rules and regulations such that no person on the grounds of race, color, or
national origin, will be excluded from participation in, denied the benefits of, or be otherwise
subjected to discrimination in the use of said facilities.
Also, the Grantor requests the Assessor and Treasurer of said County to set over to the
remainder of the hereinafter described Parcel "A", the lien of all unpaid taxes, if any, affecting
the real estate herein conveyed, as provided for by RCW 84.60.070.
TO HAVE AND TO HOLD the same,unto the said City of Spokane Valley for the purposes of a public
road forever.
IN WITNESS WHEREOF,the undersigned has caused this instrument to be executed on this
33V� day of Marc (r ,2021.
10412 SPRAGUE EAT, LLC
A Nevada limited liability company
Bye
Its: '(Y1C.v10.Ci 11(1 0 )211 (aIL(
Accepted and Approved
CITY OF SPOKANE VALLEY
By:
Title:
Date: ��/ /7� ZGZ/
STATE OF !kr\ nG )
: ss
County of Ma r't co e )
On this cam day of Mac-ch 2021, before me personally appeared
cf)01112.10 f, p,r nand to me known to be the of 10412
Sprague Eat, LLC, a Nevada Limited Liability Company that executed the foregoing
instrument, and acknowledged said instrument to be the free and voluntary act and deed of
said Limited Liability Company, for the uses and purposes therein mentioned, and on oath
stated that (he/she/they) (is/are) authorized to execute said instrument.
(SEAL)
ROSIO L.SANDOVAL No Public in and for the State of
NOTARY PUBUC-ARIZONA (`i ;u , residing at f;'ac-coixt C cury-k 5
MARICOPA COUNTY
= COMMISSION#566198
+\sy MY COMMISSION EXPIRES
MAY 25,2023 My commission expires 0 a5 I D-o a
Exhibit A
LEGAL DESCRIPTION FOR APPLEWAY COUPLET RIGHT OF WAY ACQUISITION
Within Parcel45201.0124
That portion of Parcel 1 as described by survey entitled"Establishing Lots by Record of Survey to BSP 56-
97, BSP-ROS 2017-0002" in Book 166 of Surveys, page 96, being a portion of Tract D of Binding Site Plan
BSP 56-97 in Book 2 of Binding Site Plans,pages 7-8 described as follows:
Beginning at the southeast corner of said Parcel 1, being a point on the north right of way of Valley
Couplet(Appleway Avenue)and a point on an 800.00 foot radius curve, concave to the northwest,the
center of which bears,North 24`37'56"West;
Thence southwesterly,on said right of way and on said curve through a central angle of 9°39'46", an arc
distance of 134.92 feet;
thence North 68'29'55" East, a distance of 134.50 feet to the east line of said Parcel 1 and a point on a
non-tangent,484,58 foot radius curve,concave to the east,the center of which bears North 65.'54'14"
East;
thence southerly,on said east line, on said curve, through a central angle of 0"28'24",an arc distance of
4.00 feet to the point of beginning.
Situate in City of Spokane Valley,County of Spokane,State of Washington.
Containing 524 square feet, more or less.
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OWNER'S POLICY OF TITLE INSURANCE
* *
* . Policy Number OX 13530186 •
* * Issued by Old Republic National Title Insurance Company
• �It- ** Any notice of claim and any other notice ur statement in writing required to be given to the
•
• * * Company under this Policy must be given to the Company at the address shown in Section IR
of the Conditions.
•
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B,AND THE CONDITIONS,OLD
REPUBLIC NATIONAL TITLE INSURANCE COMPANY,a Minnesota corporation(the"Company")insures,as of Date of Policy and,to the extent stated
in Covered Risks 9 and 10,after Date of Policy,against loss or damage,not exceeding the Amount of Insurance,sustained or incurred by the Insured
by reason of:
1.Title being vested other than as stated in Schedule A.
2.Any defect in or lien or encumbrance on the Title.This Covered Risk includes but is not limited to insurance against loss from:
(a)A defect in the Title caused by
(i)forgery,fraud,undue influence,duress,incompetency,incapacity,or impersonation;
(ii)failure of any person or Entity to have authorized a transfer or conveyance:
Iiii)a document affecting Title nut properly created,executed,witnessed,sealed,acknowledged,notarized,or delivered;
(iv)failure to perform those acts necessary to create a document by electronic means authorized by law;
(v)a document executed under a falsified,expired,or otherwise invalid power of attorney;
(vi)a document not properly filed,recorded,or indexed in the Public Records including failure to perform those acts by electronic
means authorized by law;or
(vii) a defective judicial or administrative proceeding.
(b)The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable,but unpaid.
(c)Any encroachment,encumbrance,violation,variation,or adverse circumstance affecting the Title that would he disclosed by an accurate
and complete land survey of the Land. The term"encroachment"includes encroachments of existing improvements located on the land
onto adjoining land,and encroachments onto the Land of existing improvements located on adjoining land.
. 3.Unmarketable Title.
4.No right of access to and from the Land.
5.The violation or enforcement of any law,ordinance,permit,or governmental regulation(including those relating to building and zoning)restricting,
regulating,prohibiting,or relating to
(a)the occupancy,use,or enjoyment of the Land; •
(b) the character,dimensions,or location of any improvement erected on the Land;
(c)the subdivision of land;or
(d)environmental protection
if a notice,describing any part of the Land,is recorded in the Public Records setting forth the violation or intention to enforce.but only to the extent
of the violation or enforcement referred to in that notice.
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
Issued through the office of: A Stock Company
SPOKANE COUNTY TITLE 4COSecond Avenue South,Minneapolis,Minnesota 55401
COMPANY (612)371-1111
NORTHBANK BUILDING,SUITE 100
1010 N.NORMANDIE STREET
SPOKANE,WASHINGTON 99201
Counrroigne B
Y
•
�� President
Authorized Officer or Agent Attest D Secretary
L
ORT Form 4309 .. ...,....
ALTA Owner,Policy of Title Insurance 6-17-06
6.An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement
action,describing any part of the Land,is recorded in the Public Records,but only to the extent of the enforcement referred to in that notice.
7.The exercise of the rights of eminent domain if a notice of the exercise,describing any part of the Land,is recorded in the Public Records.
8.Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
9.Title being vested other than as stated in Schedule A or being defective
(a)as a result of the avoidance in whole or in part,or from a court order providing an alternative remedy,of a transfer of all or any part of
the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer
constituted a fraudulent or preferential transfer under federal bankruptcy,state insolvency,or similar creditors'rights laws:or
(b)because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy,
state insolvency,or similar creditors'rights laws by reason of the failure of its recording in the Public Records
(i)to be timely,or
(ii)to impart notice of its existence to a purchaser for value or to a
judgment or lien creditor.
10.Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has
been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the
Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs,attorneys'fees,and expenses incurred in defense of any matter insured against by this Policy,but only to the
extent provided in the Conditions.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of (b)not Known to the Company,not recorded in the Public
this policy,and the Company will not pay loss or damage,costs, Records at Date of Policy,but Known to the Insured Claimant
attorneys'fees,or expenses that arise by reason of: and not disclosed in writing to the Company by the Insured
Claimant prior to the date the Insured Claimant became an
1. (a)Any law,ordinance,permit,or governmental regulation Insured under this policy:
(including those relating to building and zoning)restricting. (c)resulting in no loss or damage to the Insured Claimant;
regulating,prohibiting,or relating to (d)attaching or created subsequent to Date of Policy
(however,this does not modify or limit the coverage provided
(i)the occupancy,use,or enjoyment of the Land; under Covered Risk 9 and 10);or
(ii)the character,dimensions,or location of any (e)resulting in loss or damage that would rot have been
improvement erected on the Land; sustained if the Insured Claimant had paid value for the Title.
(iii)the subdivision of land:or
(iv)environmental protection; 4.Any claim,by reason of the operation of federal bankruptcy,state
insolvency,or similar creditors'rights laws,that the transaction
.or the effect of any violation of these laws,ordinances,or govern- vesting the Title as shown in Schedule A,is
mental regulations. This Exclusion 1(a)does not modify or limit the
coverage provided under Covered Risk 5. (a)a fraudulent conveyance or fraudulent transfer;or
(b)Anygovernmental police power. This Exclusion 1(b)does not 01 a preferential transfer for any reason not stated in Covered
modify or limit the coverage provided under Covered Risk 6. Risk 9 of this policy.
2.Rights of eminent domain.This Exclusion does not modify or limit 5.Any lien on the Title for real estate taxes or assessments imposed
the coverage provided under Covered Risk 7 or 8. by governmental authority and created or attaching between Date
of Policy.and the date of recording of the deed or other instrument
3.Defects,liens,encumbrances,adverse claims,or other matters of transfer in the Public Records that vests Title as shown in
Schedule A.
(a)created,suffered,assumed,or agreed to by the Insured
Claimant;
Page 2
Spokane County Title Company
INITIAL PRIVACY POLICY NOTICE
What kinds of information we collect. We collect information about you (e.g., your
name, address, telephone number), and information about your transaction, including the identity
of the real property that you are buying or financing. We may obtain a copy of deeds, notes, or
mortgages that are involved in the transaction. We may get this information from you or from the
lender, attorney, or real estate broker that you have chosen. We may obtain information from the
public records about the property. When we provide settlement services, we may obtain your
social security number, date of birth, and we may receive additional information from third parties
including appraisals, credit reports, land surveys, escrow account balances, and sometimes bank
account information, your credit application, paycheck receipts,tax returns, and bank statements
to facilitate the transaction.
How we use this information. The company giving or specifically adopting this notice
does not share your information with outside marketers. There's no need to tell us to keep your
information to ourselves because we share your information only to provide the service requested
by you or your lender, or in other ways permitted by law. The privacy laws permit some sharing
without your approval. We may share internally and with nonaffiliated third parties in order to
carry out and service your transaction, to protect against fraud or unauthorized transactions, for
institutional risk control, and to provide information to government and law enforcement agencies
and during the course of legal proceedings. Credit information about you is shared only to
facilitate your transaction or for some other purpose permitted by law.
How we protect your information. We restrict access to nonpublic personal
information about you to those employees who need the information to provide products or
services to you. We maintain physical, electronic, and/or procedural safeguards that comply with
law to guard your nonpublic personal information. We reinforce the company's privacy policy with
our employees.
CONDITIONS AND STIPULATIONS
1 DEFINITION OF TERMS purchase,lease,or lend if there is a contractual condition requiring
The following terms when used in this policy mean: the delivery of marketable title.
(a)"Arrount of Insurance": The amount stated in Schedule A,as may
be increased or decreased by endorsement to this policy,increased 2. CONTINUATION OF INSURANCE
by Section 8(b),or decreased by Sections 11 and 12 of these Conditions. The coverage of this policy shall continue in force as of Date of
(b)"Date of Policy": The date designated as"Date of Policy"in Policy in favor of an Insured,but only so long as the Insured retains
Schedule A. an estate or interest in the Land,or holds an obligation secured by
Ic)"Entity": A corporation,partnership,trust limited liability a purchase money Mortgage given by a purchaser from the Insured,
other similar legal or only so long as the Insured shall have liability by reason of
company," or: The similInsurar
namedalentity.io Schedule A. warranties in any transfer or conveyance of the Title. This policy
(d)(i}The term"Insured"also includes shall not continue in force in favor of any purchaser from the
Insured of either Wan estate or interest in the Land,or(ii)an
(A)successors to the Title of the Insured by operation of law as obligation secured by a purchase money Mortgage given to the
distinguished from purchase,including heirs,devisees,survivors, Insured,
personal representatives,or next of kin;
(8)successors to an Insured by dissolution,merger,consolidation, 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
distribution,or reorganization: . The Insured shall notify the Company promptly in writing(i)in case
(C)successors to an Insured by its conversion to another kind of of any litigation as set forth in Section 5(a)of these Conditions,(ii)
Entity; in case Knowledge shall come to an Insured hereunder of any claim
(D)a grantee of an Insured under a deed delivered without of title or interest that is adverse to the Title,as insured,and that
payment of actual valuable consideration conveying the Title might cause loss or damage for which the Company may be liable
(1)it the stock,shares,memberships,or other equity by virtue of this policy,or(iii)if the Title,as insured,is rejected as
interests of the grantee are wholly-owned by the Unmarketable Title. If the Company is prejudiced by the failure of
named Insured, the Insured Claimant to provide prompt notice,the Company's
(2)if the grantee wholly owns the named Insured, liability to the Insured Claimant under the policy shall be reduced
(3)if the grantee is wholly-owned by an affiliated
to the extent of the prejudice.
Entity of the named Insured,provided the affiliated 4. PROOF OF LOSS
Entity and the named Insured are both wholly-owned In the event the Company is unable to determine the amount of
by the same person or Entity,or loss or damage,the Company may.at its option,require as a condition
(4)if the grantee is a trustee or beneficiary of a trust of payment that the Insured Claimant furnish a signed proof of loss.
created by a written instrument established by the The proof of loss must describe the defect,lien,encumbrance,or
Insured named in Schedule A for estate planning other matter insured against by this policy that constitutes the
purposes. basis of loss or damage and shall state,to the extent possible,the
• (ii)With regard to(A),(B).(C).and(D)reserving,however,all rights basis of calculating the amount of the loss or damage.
and defenses as to any successor that the Company would have had against any predecessor Insured. 5. DEFENSE AND PROSECUTION OF ACTIONS
(el'Insured Claimant': An Insured claiming loss or damage. (a)Upon written request by the Insured,and subject to the options
(f)"Knowledge'or'Known': Actual knowledge,not constructive contained in Section 7 of these Conditions,the Company,at its
knowledge or notice that maybe imputed to an Insured by reason of own cost and without unreasonable delay,shall provide for the
the Public Records or any other records that impart constructive a claim ovf aedn by this in policyadvn in which
to e any third party asserts
notice of matters affecting the Title. a claim covered by adverse to the Insured.This obligation
(g)"Lard': The land described in Schedule A.and affixed improvements islimited to only those stated causes action alleging matters
P insured againssttbyythis policy. The Company shall have the right to
that by law constitute real property. The term'Land"does not select counsel of its choice(subject to the right of the Insured to
include any property beyond the lines of the area described in object for reasonable cause)to represent the Insured as to those
Schedule A,nor any right,title,'interest,estate,or easement in stated causes of action. It shall not be liable for and will not pay
abutting streets,roads,avenues,alleys,lanes,ways,or waterways, the fees of any other counsel. The Company will not pay any fees,
but this does not modify or limit the extent that a right of access to costs,or expenses incurred by the Insured in the defense of those
and from the Land is insured by this policy. causes of action that allege matters not insured against by this policy.
(h)'Mortgage": Mortgage,deed of trust,trust deed,or other security (b)The Company shall have the right,in addition to the options
instrument,including one evidenced by electronic means authorized contained in Section 7 of these Conditions,at its own cost,to
by law. institute and prosecute any action or proceeding or to do any
(i)'Public Records': Records established under state statutes at other act that in its opinion may be necessary or desirable to
Date of Policy for the purpose of imparting constructive notice of establish the Title,as insured,or in prevent nr reduce kiss or
matters relating to real property to purchasers for value and without damage to the Insured. The Company may take any appropriate
Knowledge. With respect to Covered Risk 5(d),'Public Records' action under the terms of this policy,whether or not it shall be
liable to the Insured. The exercise of these rights shall not be an
shall also include environmental protection liens filed in the records admission of liability or waiver of any provision of this policy.
of the clerk of the United States District Court for the district where If the Company exercises its rights under this subsection,it must
the Land is located. do so diligently.
(j)"Title": The estate or interest described in Schedule A. (c)Whenever the Company brings an action or asserts a defense
(k)"Unmarketable Title":Title affected by an alleged or apparent as required or permitted by this policy,the Company may pursue
matter that would permit a prospective purchaser or lessee of the the litigation to a final determination by a court of competent
Title or lender on the Title to be released from the obligation to jurisdiction,and it expressly reserves the right,in its sole
discretion,to appeal any adverse judgment or order.
Page 3
CONDITIONS AND STIPULATIONS(can't)
6. DUTY OF INSURED CLAIMANT TO COOPERATE policy.In addition,the Company will pay any costs,attorneys'fees,
(al In all cases where this policy permits or requires the Company and expenses incurred by the Insured Claimant that were authorized
to prosecute or provide for the defense of any action or proceeding by the Company up to the time of payment and that the Company is
and any appeals,the Insured shall secure to the Company the right obligated to pay;or
to so prosecute or provide defense in the action or proceeding, (ii) To pay or otherwise settle with the Insured Claimant the loss
including the right to use,at its option,the name of the Insured for or damage provided for under this policy,together with any costs,
this purpose. Whenever requested by the Company,the Insured, attorneys'fees,and expenses incurred by the Insured Claimant that
at the Company's expense,shall give the Company all reasonable were authorized by the Company up to the time of payment and that
aid(i)in securing evidence,obtaining witnesses,prosecuting or the Company is obligated to pay.
• . defending the action or proceeding,or effecting settlement,and
(ii)in any other lawful act that in the opinion of the Company may Upon the exercise by the Company of either of the options provided
be necessary or desirable to establish the Title or any other matter .for in subsections(bfi)or(ii),the Company's obligations to the Insured
as insured. If the Company is prejudiced by the failure of the under this policy for the claimed loss or damage,other than the
Insured to furnish the required cooperation,the Company's obligations payments required to be made,shall terminate,including any liability
to the Insured under the policy shall terminate,including any or obligation to defend,prosecute,or continue any litigation.
liability or obligation to defend,prosecute,or continue any litigation,
with regard to the matter or matters requiring such cooperation. B.DETERMINATION AND EXTENT OF LIABILITY
(b)The Company may reasonably require the Insured Claimant to This policy is a contract of indemnity against actual monetary loss or
submit to examination under oath by any authorized representative damage sustained or incurred by the Insured Claimant who has suffered
of the Company and to produce for examination,inspection,and loss or damage by reason of matters insured against by this policy.
copying,at such reasonable times and places as may be designated (a)The extent of liability of the Company for loss or damage under
by the authorized representative of the Company,all records,in this policy shall not exceed the lesser of
whatever medium maintained,including books,ledgers,checks, (i)the Amount of Insurance:or
memoranda,correspondence,reports,e-mails,disks,tapes,and (ii)the difference between the value of the Title as insured and the
videos whether bearing a date before or after Date of Policy,that value of the Title subject to the risk insured against by this policy
reasonably pertain to the loss or damage. Further,if requested by (b)If the Company pursues its rights under Section 5 of these
• any authorized representative of the Company,the Insured Claimant Conditions and is unsuccessful in establishing the Title,as insured,
• shall grant its permission,in writing,for any authorized representativei. (i)the Amount of Insurance shall be increased by 10%.and
of the Company to examine,inspect,and copy all of these records
(ii)the Insured Claimant shall have the right to have the loss or
in the custody or control of a third party that reasonably pertain to damage determined either as of the date the claim was made by
the loss or damage. All information designated as confidential by the Insured Claimant or as of the date it is settled and paid.
the Insured Claimant provided to the Company pursuant to this (c)In addition to the extent of liability under(a)and(b),the Company
Section shall not be disclosed to others unless,in the reasonable will also pay those costs,attorneys"fees,and expenses incurred in
judgment of the Company,it is necessary in the administration of accordance with Sections 5 and 7 of these Conditions.
the claim. Failure of the Insured Claimant to submit for examination
under oath,produce any reasonably requested information,or 9.LIMITATION OF LIABILITY
grant permission to secure reasonably necessary information from (a)If the Company establishes the Title,or removes the alleged
third parties as required in this subsection,unless prohibited by defect,lien,or encumbrance,or cures the lack of a right of access
law or governmental regulation,shall terminate any liability of the to or from the Land,or cures the claim of Unmarketable Title,all as
Company under this policy as to that claim. insured,in a reasonably diligent manner by any method,including
litigation and the completion of any appeals,it shall have fully
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; performed its obligations with respect to that matter and shall not
TERMINATION OF LIABILITY be liable for any loss or damage caused to the Insured.
In case of a claim under this policy,the Company shall have the (b)In the event of any litigation,including litigation by the Company
following additional options: or with the Company's consent,the Company shall have no liability
(a)To Pay or Tender Payment of the Amount of Insurance. for loss or damage until there has been a final determination by a
To pay or tender payment of the Amount of Insurance under this court of competent jurisdiction,and disposition of all appeals.
policy together with any costs,attorneys'fees,and expenses adverse to the Title,as insured.
incurred by the Insured Claimant that were authorized by the (c)The Company shall not be liable for loss or damage to the
Company up to the time of payment or tender of payment and that Insured for liability voluntarily assumed by the Insured in settling
the Company is obligated to pay. any claim or suit without the prior written consent of the Company.
Upon the exercise by the Company of this option,all liability and
obligations of the Company to the Insured under this policy,other 10.REDUCTION OF INSURANCE;REDUCTION OR TERMINATION
than to make the payment required in this subsection,shall terminate, OF LIABILITY
including any liability or obligation to defend,prosecute,or contin- All payments under this policy,except payments made for costs.
ue any litigation. attorneys'fees,and expenses,shall reduce the Amount of Insurance
(b)To Pay or Otherwise Settle With Parties Other Than the Insured by the amount of the payment.
or With the Insured Claimant.
(i) To pay or otherwise settle with otherparties for or in the
name of an Insured Claimant any clam insured against under this
Page 4
CONDITIONS AND STIPULATIONS(con't)
11.LIABILITY NONCUMULATIVE policy,this policyshall be construed as a whole.
The Amount of Insurance shall be reduced by any amount the Company W n'
pays under any policy insuring a Mortgage to which exception is taken Title
by claimn of loss or damage that arises out ofbe the status to the
in Schedule B or to which the Insured has agreed,assumed,or taken pole or by any action asserting such claim shall restricted this
subject,or which is executed by an Insured after Date of Policy and (c)Any
n
which is a charge or lien on the Title,and the amount so paid shall be writingAng nd authenticated
amendment o or endorsement authorized
to this policyo or mustx re sl
deemed a payment to the Insured under this policy. and by an person, expressly
incorporated by Schedule A of this policy.
12.PAYMENT OF LOSS (d)Each endorsement to this policy issued at any time is made a
•
• part of this policy and is subject to all of its terms and provisions.
When liability and the extent of loss or damage have been definitely Except as the endorsement expressly states,it does not(i)modify
fixed in accordance with these Conditions,the payment shall be made any of the terms and provisions of the policy,(ii)modify any prior
within 30 days. endorsernent,(iii)extend the Date of Policy,or(iv)increase the
13.RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT Amount of Insurance.
(a)Whenever the Company shall have settled and paid a claim 16.SEVERABILITY
under this policy,it shall be subrogated and entitled to the rights of In the event any provision of this policy,in whole or in part,is held
the Insured Claimant in the Title and all other rights and remedies invalid or unenforceable under applicable law,the policy shall be
in respect to the claim that the Insured Claimant has against any deemed not to include that provision or such part held to be invalid,but
person or property,to the extent of the amount of any loss,costs, all other provisions shall remain in full force and effect.
attorneys'fees,and expenses paid by the Company. If requested
by the Company,the Insured Claimant shall execute documents to 17.CHOICE OF LAW;.FORUM
evidence the transfer to the Company of these rights and remedies. (a)Choice of Law: The Insured acknowledges the Company has
•
The Insured Claimant shall permit the Company to sue,compromise, underwritten the risks covered by ties policy and determined the
or settle in the name of the Insured Claimant and to use the name premium charged therefor in reliance upon the law affecting interests
of the Insured Claimant in any transaction or litigation involving in real property and applicable to the interpretation,rights,remedies,
these rights and remedies, or enforcement of policies of title insurance of the jurisdiction
If a payment on account of a claim does not fully cover the loss of where the Land is located.
the Insured Claimant,the Company shall defer the exercise of its Therefore,the court or an arbitrator shall apply the law of the
right to recover until after the Insured Claimant shall have recovered jurisdiction where the Land is located to determine the validity of
its loss. claims against the Title that are adverse to the Insured and to
(b)The Company's right of subrogation includes the rights of the interpret and enforce the terms of this policy. In neither case shall
Insured to indemnities,guaranties,other policies of insurance,or the court or arbitrator apply its conflicts of law principles to deter-
bonds,notwithstanding any terms or conditions contained in those mine the applicable law.
instruments that address subrogation rights. (b)Choice of Forum: Any litigation or other proceeding brought by
the Insured against the Company must he filed only in a state or
14.ARBITRATION federal court within the United States of America or its territories
Either the Company or the Insured may demand that the claim or having appropriate jurisdiction.
controversy shall be submitted to arbitration pursuant to the Title
Insurance Arbitration Rules of the American Land Title Association 18.NOTICES,WHERE SENT
("Rules"). Except as provided in the Rules,there shall be no joinder Any notice of claim and any other notice or statement in writing
or consolidation with claims or controversies of other persons. required to be given to the Company under this policy must be given to
Arbitrable matters may include,but are not limited to,any controversy the Company at 400 Second Avenue South, Minneapolis,
or claim between the Company and the Insured arising out of or relating Minnesota 55401-2499.
to this policy,any service in connection with its issuance or the breach
of a policy provision,or to any other controversy or claim arising out of
the transaction giving rise to this policy. All arbitrable matters when
the Amount of Insurance is$2,000,000 or less shall be arbitrated at the
option of either the Company or the Insured. All arbitrable matters
when the Amount of Insurance is in excess of$2,000,000 shall be
arbitrated only when agreed to by both the Company and the Insured.
Arbitration pursuant to this policy and under the Rules shall be binding
upon the parties. Judgment upon the award rendered by the Arbitrator(s)
may be entered in any court of competent jurisdiction.
15.UABILITY LIMITED TO THIS POLICY;POLICY ENTIRE CON-
TRACT
(a)This policy together with all endorsements,if any,attached to it
by the Company is the entire policy and contract between the
Insured and the Company. In interpreting any provision of this
Page 5
Old Republic National Title Insurance Company
ALTA 2006 STANDARD OWNERS POLICY
SCHEDULE A
FILE NO.: SP32061 POLICY NO.: OX 13530186
ADDRESS
REFERENCE: 10412 E SPRAGUE AVE
SPOKANE VALLEY, WA 99206
AMOUNT OF
INSURANCE: $7,000.00 PREMIUM: $527.00
DATE OF POLICY: June 04, 2021 at 11:06 AM
1. NAME OF INSURED:
CITY OF SPOKANE VALLEY, A MUNICIPAL CORPORATION OF THE STATE OF WASHINGTON
2. THE ESTATE OR INTEREST IN THE LAND WHICH IS COVERED BY THIS POLICY IS:
Fee Simple
3. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN:
THE NAMED INSURED
4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS:
SEE ATTACHED EXHIBIT "A"
5. THIS POLICY INCORPORATES BY REFERENCE THOSE ALTA ENDORSEMENTS LISTED BELOW:
NONE
This policy valid only if Schedule B is attached.
SCHEDULE A
ALTA Standard Owner's Policy(2006) Old Republic National Title Insurance Company
EXHIBIT "A"
WITHIN PARCEL 45201.0124
THAT PORTION OF PARCEL 1 AS DESCRIBED BY SURVEY ENTITLED "ESTABLISHING
LOTS BY RECORD OF SURVEY TO BSP 56-97, BSP-ROS 2017-0002" IN BOOK 166 OF
SURVEYS, PAGE 96, BEING A PORTION OF TRACT D OF BINDING SITE PLAN BSP 56-97 IN
BOOK 2 OF BINDING SITE PLANS, PAGES 7-8 DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 1, BEING A POINT ON THE
NORTH RIGHT OF WAY OF VALLEY COUPLET (APPLEWAY AVENUE) AND A POINT ON AN
800.00 FOOT RADIUS CURVE, CONCAVE TO THE NORTHWEST, THE CENTER OF WHICH
BEARS, NORTH 24°37'56" WEST;
THENCE SOUTHWESTERLY, ON SAID RIGHT OF WAY AND ON SAID CURVE THROUGH A
CENTRAL ANGLE OF 9°39'46", AN ARC DISTANCE OF 134.92 FEET;
THENCE NORTH 68°29'55" EAST, A DISTANCE OF 134.50 FEET TO THE EAST LINE OF SAID
PARCEL 1 AND A POINT ON A NON-TANGENT, 484.58 FOOT RADIUS CURVE, CONCAVE TO
THE EAST, THE CENTER OF WHICH BEARS NORTH 65°54'14" EAST;
THENCE SOUTHERLY, ON SAID EAST LINE, ON SAID CURVE, THROUGH A CENTRAL
ANGLE OF 0°28'24", AN ARC DISTANCE OF 4.00 FEET TO THE POINT OF BEGINNING.
SITUATE IN THE CITY OF SPOKANE VALLEY, COUNTY OF SPOKANE, STATE OF
WASHINGTON.
Old Republic National Title Insurance Company
ALTA 2006 STANDARD OWNERS POLICY
FILE NO.: SP32061 POLICY NO.: OX 13530186
SCHEDULE B
EXCEPTIONS FROM COVERAGE
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE, AND THE COMPANY WILL NOT
PAY COSTS, ATTORNEYS' FEES OR EXPENSES THAT ARISE BY REASON OF:
General Exceptions:
A. RIGHTS OR CLAIMS DISCLOSED ONLY BY POSSESSION, OR CLAIMED POSSESSION, OF THE
PREMISES.
B. ENCROACHMENTS, OVERLAPS, BOUNDARY LINE DISPUTES WHICH WOULD BE DISCLOSED BY
AN ACCURATE SURVEY OR INSPECTION OF THE PREMISES.
C. EASEMENTS, PRESCRIPTIVE RIGHTS, RIGHTS-OF-WAY, STREETS, ROADS, ALLEYS OR
HIGHWAYS NOT DISCLOSED BY THE PUBLIC RECORDS.
D. ANY LIEN, OR RIGHT TO A LIEN, FOR CONTRIBUTIONS TO EMPLOYEES BENEFIT FUNDS, OR FOR
STATE WORKERS' COMPENSATION, OR FOR SERVICES, LABOR OR MATERIAL HERETOFORE OR
HEREAFTER FURNISHED, ALL AS IMPOSED BY LAW AND NOT SHOWN BY THE PUBLIC RECORDS.
E. UNDERGROUND EASEMENTS, SERVITUDES OR INSTALLATIONS OF WHICH NO NOTICE IS OF
RECORD.
F. GENERAL TAXES NOT NOW PAYABLE; MATTERS RELATING TO SPECIAL ASSESSMENTS AND
SPECIAL LEVIES, IF ANY, PRECEDING THE SAME BECOMING A LIEN.
G. ANY SERVICE, INSTALLATION, CONNECTION, MAINTENANCE, OR CONSTRUCTION CHARGES FOR
SEWER, WATER, ELECTRICITY, NATURAL GAS OR OTHER UTILITIES OR GARBAGE COLLECTION
AND DISPOSAL.
H. RESERVATIONS OR EXCEPTIONS IN UNITED STATES PATENTS OR IN ACTS AUTHORIZING THE
ISSUANCE THEREOF.
I. INDIAN TRIBAL CODES OR REGULATIONS, INDIAN TREATY OR ABORIGINAL RIGHTS, INCLUDING
EASEMENTS OR EQUITABLE SERVITUDES.
J. WATER RIGHTS, CLAIMS OR TITLE TO WATER.
This policy valid only if Schedule A is attached.
SCHEDULE B -Exceptions Old Republic National Title Insurance Company
ALTA Standard Owner's Policy(2006)
Old Republic National Title Insurance Company
ALTA 2006 STANDARD OWNERS POLICY
FILE NO.: SP32061 POLICY NO.: OX 13530186
SPECIAL EXCEPTIONS:
1. LIABILITY TO ASSESSMENTS, IF ANY, BY THE CITY OF SPOKANE VALLEY. FURTHER
INFORMATION CAN BE OBTAINED BY CALLING (509) 921-1000. NONE NOW DUE OR PAYABLE
2. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF;
BETWEEN: MODERN ELECTRIC WATER COMPANY, A CORPORATION;
D.K. MCDONALD AND OTHERS; AND MODERN IRRIGATION
AND LAND COMPANY, A CORPORATION
REGARDING: SUPPLYING OF WATER AND ELECTRICITY
RECORDED: November 06, 1905
AUDITOR'S FILE NO.: 131084
3. EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED:
FROM: RICHARD B. OGILIVE, TRUSTEE OF THE PROPERTY OF
CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD
COMPANY
RECORDED: December 23, 1980
AUDITOR'S FILE NO.: 8012230081
AFFECTS: A PORTION OF SAID PREMISES LYING WITHIN THE FORMER
RAILROAD RIGHT-OF-WAY
AS FOLLOWS: "GRANTOR RESERVES TO HIMSELF AND HIS SUCCESSORS
AND ASSIGNS, ALL MINERALS OF ANY NATURE WHATSOEVER
INCLUDING, BUT NOT LIMITED TO, COAL, IRON, NATURAL GAS
AND OIL, EXCEPT SAND AND GRAVEL."
4. AGREEMENT, PURSUANT TO RESOLUTION AND THE TERMS AND CONDITIONS THEREOF:
BETWEEN: UNIVERSITY CITY, INC. AND BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNTY, WASHINGTON
REGARDING: VACATED 2ND AVENUE
RECORDED: August 04, 1981
RESOLUTION NO.: 81 0912
PROVIDING THE FOLLOWING:
1. THE VACATED RIGHT-OF-WAY SHALL REMAIN OPEN AND CLEAR FOR SERVICE AND
EMERGENCY ACCESS TO UNIVERSITY CITY SHOPPING AREA.
2. NO ACCESS IS TO BE ALLOWED TO OR FROM THE OLD C.M.S.P.&P. RAILROAD RIGHT-OF-WAY,
NOW COUNTY PROPERTY, AND VACATED SECOND AVENUE.
3. WHEN THE SOUTH PORTION OF PROPERTY IN BLOCK 223 AND 224 OF OPPORTUNITY BETWEEN
DARTMOUTH ROAD AND WALNUT ROAD IS DEVELOPED, SECOND AVENUE WILL BE IMPROVED
SIMILAR TO THE SECTION BETWEEN UNIVERSITY ROAD AND DARTMOUTH ROAD AND CONDITIONS
1 AND 2 SHALL APPLY THERETO.
4. THE OWNERS AGREE TO REIMBURSE THE COUNTY IN THE AMOUNT OF $500.00 AS ESTIMATED
EXPENSE OF THE VACATION PROCEEDINGS.
This policy valid only if Schedule A is attached.
SCHEDULE B -Exceptions Old Republic National Title Insurance Company
ALTA Standard Owner's Policy(2006)
Old Republic National Title Insurance Company
ALTA 2006 STANDARD OWNERS POLICY
FILE NO.: SP32061 POLICY NO.: OX 13530186
5. THIS AGREEMENT SHALL RUN WITH THE LAND AND BE INCLUDED IN ANY SALE OF THE
VACATED RIGHT-OF-WAY OR ADJACENT PROPERTY. THIS AGREEMENT SUPERSEDES PRIOR
AGREEMENTS BETWEEN THE PARTIES HERETO AND WILL REMAIN IN EFFECT UNTIL MODIFIED BY
FURTHER AGREEMENT BETWEEN THE COUNTY AND THE OWNERS.
5. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF:
BETWEEN: SPOKANE COUNTY, A POLITICAL SUBDIVISION AND UNIVERSITY
CITY, INC.
REGARDING: SEWAGE SYSTEM CONNECTION
RECORDED: March 20, 1987
AUDITOR'S FILE NO.: 8703200311
6. NOTICE TO THE PUBLIC AND THE TERMS AND CONDITIONS THEREOF:
REGARDING: PRIOR TO THE ISSUANCE OF ANY BUILDING PERMIT OR
CERTIFICATE OF OCCUPANCY FOR ANY BUILDING OR ANY USE
ON THE PROPERTY DESCRIBED HEREINAFTER, THE APPLICANT
SHALL BE RESPONSIBLE FOR COMPLYING WITH THE
PROVISIONS OF THE ZONING OF SPOKANE COUNTY, SECTION
7.06 (AQUIFER SENSITIVE AREA OVERLAY ZONE).
RECORDED: April 13, 1988
AUDITOR'S FILE NO.: 8804130014
AFFECTS: SAID PREMISES AND OTHER PROPERTY
7. TITLE NOTICE, INCLUDING THE TERMS, COVENANTS AND PROVISIONS THEREOF;
RECORDED: September 07, 1989
AUDITOR'S FILE NO.: 8909070138
FILED BY: SPOKANE COUNTY PLANNING DEPARTMENT
REGARDING: A VARIETY OF SPECIAL DEVELOPMENT CONDITIONS
8. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF:
BETWEEN: UNIVERSITY CITY, INC. AND TACO BELL CORP.
REGARDING: RECIPROCAL EASEMENT FOR INGRESS, EGRESS AND PARKING
RECORDED: May 23, 1996
AUDITOR'S FILE NO.: 9605230473
9. COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS OR RESERVATIONS CONTAINED IN
INSTRUMENT, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE,
COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY,
HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN
APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR
RESTRICTION IS PERMITTED BY APPLICABLE LAW;
RECORDED: May 23, 1996
AUDITOR'S FILE NO.: 9605230474
Old Republic National Title Insurance Company
ALTA 2006 STANDARD OWNERS POLICY
FILE NO.: SP32061 POLICY NO.: OX 13530186
10. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF:
BETWEEN: UNIVERSITY CITY, INC., A WASHINGTON CORPORATION AND U.S.
BANK NATIONAL ASSOCIATION
REGARDING: RECIPROCAL EASEMENT
RECORDED: August 19, 1998
AUDITOR'S FILE NO.: 4258343
FIRST AMENDMENT TO DECLARATION OF RECIPROCAL EASEMENT AGREEMENT;
RECORDED: August 09, 1999
AUDITOR'S FILE NO.: 4399972
CONSENT TO EASEMENT;
RECORDED: September 09, 1999
AUDITOR'S FILE NO.: 4399977
BY: FARMERS AND MERCHANTS BANK OF ROCKFORD
SECOND AMENDMENT TO DECLARATION OF RECIPROCAL EASEMENT AGREEMENT:
RECORDED: November 23, 2010
AUDITOR'S FILE NO.: 5955830
THIRD AMENDMENT TO DECLARATION OF RECIPROCAL EASEMENT AGREEMENT;
RECORDED: February 02, 2015
AUDITOR'S FILE NO.: 6370290
11. TITLE NOTICE, INCLUDING THE TERMS, COVENANTS AND PROVISIONS THEREOF;
RECORDED: August 27, 1998
AUDITOR'S FILE NO.: 4261219
FILED BY: SPOKANE COUNTY DIVISION OF BUILDING AND PLANNING
REGARDING: LAND USE ACTION, IMPOSING A VARIETY OF SPECIAL
CONDITIONS
12. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF:
BETWEEN: UNIVERSITY CITY, INC., A WASHINGTON CORPORATION AND
MCDONALD'S CORPORATION, A DELAWARE CORPORATION
REGARDING: DEVELOPMENT AND EASEMENT
RECORDED: August 09, 1999
AUDITOR'S FILE NO.: 4399975
CONSENT TO EASEMENT;
RECORDED: August 09, 1999
AUDITOR'S FILE NO.: 4399977
BY: FARMERS AND MERCHANTS BANK OF ROCKFORD
ASSIGNMENT OF DEVELOPMENT AND EASEMENT AGREEMENT:
ASSIGNOR: MCDONALD'S CORPORATION, A DELAWARE CORPORATION
ASSIGNEE: SYSTEM CAPITAL REAL PROPERTY CORPORATION, A DELAWARE
CORPORATION
RECORDED: September 28, 1999
AUDITOR'S FILE NO.: 4416613
Old Republic National Title Insurance Company
ALTA 2006 STANDARD OWNERS POLICY
FILE NO.: SP32061 POLICY NO.: OX 13530186
13. RESTRICTIONS, EASEMENTS, SETBACKS AND OTHER MATTERS AS MAY BE DELINEATED AND/OR
CONTAINED ON THE FACE OF SP 1019-95, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF
ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS,
MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF
INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT
THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW.
14. RESTRICTIONS, EASEMENTS, SETBACKS AND OTHER MATTERS AS MAY BE DELINEATED AND/OR
CONTAINED ON THE FACE OF BSP 56-97, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF
ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS,
MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF
INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT
THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW.
15. MATTERS DISCLOSED BY SURVEY RECORDED June 13, 2017 UNDER AUDITOR'S FILE NO. 6611618
IN BOOK 166 OF SURVEYS, PAGE(S) 96.
END OF SCHEDULE B EXCEPTIONS.
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ParcellD: 45201.0124
S G T 10412 E Sprague Ave
Spokane Valley, WA 99206
This map/plat is being furnished as an aid in locating the herein described land in
relation to adjoining streets, natural boundaries and other land, and is not a survey
of the land depicted. Except to the extent a policy of title insurance is expressly
modified by endorsement, if any, the company does not insure dimensions,
distances,location of easements, acreage or other matters shown thereon.